Your Corpus Christi Property Division Attorney
One of the most contentious questions during the divorce process is how to divide everything that has been accumulated during the marriage. If both parties can agree as to how to divide the assets and debts, this agreement will be included in the Divorce Decree and honored by the Court. If the parties cannot reach such an agreement, the Court will decide the terms of the division.
Texas is a community property state which means that everything acquired during the marriage, both assets and debts, belongs to the community estate and should be divided fairly when the marriage ends. There are 3 exceptions to the community property rules:
Anything owned prior to the marriage is considered separate property and is not subject to division during a divorce.
Anything received through inheritance is considered separate property and is not subject to division during a divorce.
Anything received as a gift is also considered separate property and is not subject to division during a divorce.
Debts are treated the same as assets. A debt acquired prior to marriage is not divisible by the court. The Courts also prefer to keep a debt with the same person who has the property to which the debt is connected.
If a fair and equitable agreement can be reached through negotiation or mediation, we encourage this route. If, however, this is not the case, we are ready and more than capable to go into court and fight for you. We will present your case to the Court in a clear and convincing manner so your position is understood and followed as closely as possible.